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HomeMy WebLinkAbout74- Reid Easement . . . , .. , . . . , fiLM 25 n\Gt 620 EASEMENT AND RIGHT OF WAY AGREEMENT FOR SANITARY SEWER LINES THIS AGREEMENT, Made and entered into this ?to. f" h day of July A.D. 197-4-' by and between illJRERT M. REm part~ of the first part, hereinafter called the Grantor_ and THE CITY OF BOZEMAN, A tnunicipal corporation of the State of Montana, in Gallatin County, the party of the se- cond part, hereinafter called the Grantee. WIT N E SSE T H : WHEREAS, The Grantor___ is the legal record title owner_ of Tract 5. Bozeman Creek Annexation more particularly described below, and WHEREAS, the Grantee, in the exercise of its power and authority as a municipality of the State of Montana, proposes to construct and install sanitary sewer lines and necessary appurtenances to serve various properties located within the southeast portion of the City of Bozeman and one or more such lines would run across the Grantors land; and WHEREAS, the Grantee desires to acquire from the Grantor _' and the Grantor is willing to grant to the Grantee an easement and right of way ~oss the above described property of the Grantor_, and his heirs, executors, administrators, successors and assigns, for the purpose of installing, operating, using, repairing, replacing, maintaining, and removing said sanita~sewer lines and appurtenances and for such other rights of access and incidental rights as are hereinafter des- cribed, all as hereinafter more particularly provided. NOW, THEREFORE, in consideration of the sum of $ and other con- siderations in hand paid by the City of Bozeman, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and agreements between the parties hereto, the Grantor has - granted, bargained, sold, conveyed, and confirmed and by these presents does hereby grant, bargain, sell, convey, and confirm unto the said Grantee and its successors and assigns the following rights and privileges forever: 1. A perpetual easement and right of way for the purpose of install- ing, operating, using, repairing, replacing, maintaining and removing a !'Iani tary sewer l!_t..l~ thereto upon and across the above described property of the Grantor -' said easement and right of way to consist of a strip of land -.J:h!~~y(~9t___ feet in width being more particularly described as follows: - --- _.~~.'. ..~~--~. Beginning at the Northwest corner of Tract SF of the Bozeman Creek Annex- ation of the City of Bozeman, Montana; Thence South 890 53' 40" west a distance of one hundred thirty (130) feet, more or less, to the existing sanitary sewer main; Thence southerly along said sanitary sewer main a distance of thirty (30) feet; Thence^/890 53' 40"Fa distance of one hundred thirty (130) feet, more or less, to a point on the west line of Tract SF of the Bozeman Creek Annexation; Thence North a distance of thirty (30) feet to the point of beginning. . .... . { . ~ . i . , rllM 2~ . 621 V ;'!~. G [ 2. The perpetual right of ingress and egress to and from said tract of land at all reasonable times for the purpose of installing, operating, using, repairing, replacing and maintaining said sanitary sewer lines and for the removing of same if and when desired by the Grantee, its successors and assigns: TO HAVE AND TO HOLD the above described right of way with all the appurtenances and privileges unto the said Grantee and to its successors and assigns forever. The Grantee hereby covenants and agrees with the Grantor___ as follows: 1. That, in connection with the installing, operating, using, repairing, replacing, maintaining and removing of said sanita~ sewer linp.R it will replace, at its sole expense, all existing fences, ditches and other appurtenances of said land that may be disturbed by its operation in a condition equal to the condition thereof existing before said operations were begun, or as near thereto as shall be reasonably possible. 2. That, during operations involving excavation, it will remove the topsoil from the trench area to a depth of one foot, or to the full depth of the topsoil whichever is less, and stockpile said topsoil for replacement over the trench, and will remove from the site any large rocks or surplus excavated material or any kind of debris that may have been exposed by the excavation and remaining after backfilling is completed and will leave the finished surface in sub- stantially the same condition that existed prior to the beginning of operations except that the surface of back- filled areas may be mounded sufficiently to prevent the formation of depressions after final settlement has taken place. 3. To operate, use and maintain said sanitary sewer lines in such manner as will not hinder or pre- vent the proper cultivation of the tract through which this right of way is hereby granted. 4. In the event that it should become necessary for the Grantee to re-enter the Grantors premises for the purpose of repairing, replacing, maintaining or removing said utility lines the Grantee will reimburse the Grantors for any actual damage done to the Grantors premises or crops. . . . . '- FILM 2r: 62-2 . tJ <lGE 5. ' The Grantor___ hereby covenants and agrees with the Grantee as follows: 1. That at no time will they build, construct, erect or maintain any permanent structure over or above the said sanitary sewer line unless such structure is built. constructed and maintained in such a manner that it would not interfere with the operation, use, repair, maintainance, replacement and removal of said sanitary sewer lin~_ . -- 2. That the Grantee may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the Grantor___ or his successors and assigns. 3. That they have been lawfully seized of said premises; that they have good right and lawful authority to sell the same and that they and their heirs, executors, administrators, successors and assigns, shall warrant and defend the title to said premises unto said Grantee, and its successors and assigns forever, against the lawful claim and demand of all persons whomsoever. It is understood and agreed by and between the parties hereto that this Agreement shall be binding upon the heirs, executors, administrators, successor and assigns of the Grantors and upon the successors and assigns, of the Grantee. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. _~ "M \ HUBERT M. REID ---- STATE OF MONTANA ) : County of Gallatin ) On this ~ day of- \1 ,i ~ 19iL{ before me. -t notary public in and for said State, personally ppe8red .~L4l.!?r..[ Il'I, r 1S1f) known to me to be the person_ whose name_ --....1.<) subscribed to the within instrument, and acknowledged to me that fie executed the same. (:( / '\" '. 'v' N tary Pub ic for:the State of Montana Residing at Bozem8~ Monxana "}' , My Commission Expires " , . () , I S - ')1 ,. '. .~ ."~ . . \, . . . . .. . . fiLM 25 623 ~'I ^ . . ' . l"i~l THE CITY OF BOZEMAN ~. //L' i .,' .' " / ,,~ / .~ ',../// ,,' > ,>./" , ".,.._<-C' 1SJr"'_:'<<'---~"'< / ,,/ ~a~.", c~ /.~Or: . <-- ATTEST: .' / ,.' . , r-:: v~:;"" .:-c" .c' Ie /,r,'/1:~- ",,,,~ ERNA V. HARDING,/ Clerk of the City Commission APPROVED: q.-~ ~ K ~7"t>' City Attorney STATE OF MONTANA ) : ss County of Gallatin ) On this 25th day of July , 197~, before me, the undersigned a Notary Public for the State of Montana, personally, appeared Edmund P. Sedivy, Sr. and Erna V. Harding known to me to be the Mayor and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereuntF)set my hand and affixed my Notarial Seal on the day and year ip his Certificate Hrst above written. i ) ~ ' . i){ ) i. ~ \ I ('~ '! ,\c, ~, No ary Public for t,e State of , "-, ' Montana, Residing at Bozeman, "'~~~,', .. ~~.--' Montana ..~~ I ~ - My Commission Expires 9.}'5-74 ~.~~~.. ',: . .' , :"-..~ .. ~ -,'.__r........_,..~ INDEXED " ~. P PLATTED . , I State of Montana County of Gallatin } 55. Filed ,ruly 26 ,19 74 at 9:00 A. M., and Recorded in book 25 of MISCELLANEOUS Page 620 CA L L. 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